Modification and Expansion of CBP Centers of Excellence and Expertise Test To Include Six Additional Centers, 20345-20349 [2013-07840]
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Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Notices
the SRP only may be exercised after
FEMA and local communities have been
engaged in a collaborative consultation
process for at least 60 days without a
mutually acceptable resolution of an
appeal. Additional information
regarding the SRP process can be found
online at https://floodsrp.org/pdfs/
srp_fact_sheet.pdf.
The watersheds and/or communities
affected are listed in the tables below.
The Preliminary FIRM, and where
applicable, FIS report for each
community are available for inspection
at both the online location and the
Community
20345
respective Community Map Repository
address listed in the tables.
Additionally, the current effective FIRM
and FIS report for each community are
accessible online through the FEMA
Map Service Center at
www.msc.fema.gov for comparison.
Community Map Repository Address
Solano County, California, and Incorporated Areas
Maps Available for Inspection Online at: https://www.r9map.org/Pages/ProjectDetailsPage.aspx?choLoco=48&choProj=285
City of Vallejo ...........................................................................................
Unincorporated Areas of Solano County .................................................
Public Works, 555 Santa Clara Street, Vallejo, CA 94590.
Public Works Department, 675 Texas Street, Suite 5500, Fairfield, CA
94533.
Charlton County, Georgia, and Incorporated Areas
Maps Available for Inspection Online at: https://www.georgiadfirm.com/status/mapmodStatus.html
City of Folkston .........................................................................................
Town of Homeland ...................................................................................
Unincorporated Areas of Charlton County ...............................................
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Roy E. Wright,
Deputy Associate Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2013–07816 Filed 4–3–13; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Modification and Expansion of CBP
Centers of Excellence and Expertise
Test To Include Six Additional Centers
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This document announces
U.S. Customs and Border Protection’s
(CBP’s) plan to modify and expand its
test for the Centers of Excellence and
Expertise (CEEs), originally published in
the Federal Register on August 28,
2012. This document announces that six
new CEEs—the Agriculture & Prepared
Products CEE; the Apparel, Footwear &
Textiles CEE; the Base Metals CEE; the
Consumer Products & Mass
Merchandising CEE; the Industrial &
Manufacturing Materials CEE; and the
Machinery CEE—will be opened and
tested to determine how they will
operate with broad decision-making
authority. This notice invites public
comment concerning the methodology
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SUMMARY:
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City Hall, 103 North First Street, Folkston, GA 31537.
Town Hall, 607 Pennsylvania Avenue, Homeland, GA 31537.
Charlton County Courthouse, 68 Kingsland Drive, Folkston, GA 31537.
of the test program, identifies the
purpose of the test and the regulations
that will be affected, determines the
length of the test, explains the
application process and application
timeframes, and provides the eligibility
and selection criteria for voluntary
participation in the test. This document
also provides the legal authority for the
test and explains the repercussions and
appeals process for misconduct under
the test. This notice also expands the
regulations that will be included in the
test for the six new CEEs as well as the
four CEEs currently participating in the
test: the Electronics CEE; the
Pharmaceuticals, Health & Chemicals
CEE; the Automotive & Aerospace CEE;
and the Petroleum, Natural Gas &
Minerals CEE. To the extent not
modified by this notice, all provisions,
terms, conditions, and requirements of
the August 28, 2012 test notice continue
to apply.
DATES: For the Base Metals CEE; the
Industrial & Manufacturing Materials
CEE; and the Machinery CEE,
applications for participation may be
submitted beginning April 4, 2013 and
selection of initial test participants for
these three CEEs will begin no later than
May 6, 2013. Applications will be
accepted throughout the duration of this
test.
For the Agriculture & Prepared
Products CEE; the Apparel, Footwear &
Textiles CEE; and the Consumer
Products & Mass Merchandising CEE,
applications for participation may be
submitted beginning June 3, 2013 and
selection of initial test participants for
these three CEEs will begin no later than
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July 3, 2013. Applications will be
accepted throughout the duration of this
test.
Applications for participation in the
test announced on August 28, 2012 in
the Federal Register (77 FR 52048) will
continue to be accepted throughout the
duration of that test. Selected applicants
for all of the CEEs will be individually
notified of their participation date.
If interested in participating
in the CEE test, please either (1) send an
email to CEE@cbp.dhs.gov, with a
subject line identifier reading
‘‘Participating in CEE’’ that includes the
information listed in the Application
Process section of this document and
identify the name of the CEE, or (2) a
letter directed to U.S. Customs and
Border Protection, Office of Field
Operations, Trade Operations Division,
1300 Pennsylvania Ave. NW., Suite
2.3D, Washington, DC 20229–1015, that
includes the information listed in the
Application Process section of this
document including the name of the
CEE.
Comments concerning this test
program may be submitted via email,
with the subject line identifier reading
‘‘Comment on CEE test,’’ to
CEE@cbp.dhs.gov.
ADDRESSES:
Lori
Whitehurst, Program Manager, Office of
Field Operations, at (202) 344–2536; or
Thomas Overacker, Project Coordinator,
Office of International Trade at (859)
331–9020 ext. 137.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Notices
Background
In October 2011, U.S. Customs and
Border Protection (CBP) established two
Centers of Excellence and Expertise
(CEEs): The Electronics CEE in Long
Beach, California and the
Pharmaceuticals, Health & Chemicals
CEE in New York City, New York. When
these CEEs were established in October
2011, the CEEs were staffed with CBP
employees who facilitated trade by
providing account management for
Customs-Trade Partnership Against
Terrorism (C–TPAT) and Importer SelfAssessment (ISA) members in the
identified industries; they engaged in
risk segmentation and trade outreach.
The CEEs had the ability to review
entries and the CEE Directors tasked
with leading the CEEs made entry
processing recommendations to the Port
Directors concerning pharmaceutical
and electronics entries. The Electronics
CEE specializes in merchandise related
to information technology, integrated
circuits, automated data processing
equipment, and consumer electronics.
The Pharmaceuticals, Health &
Chemicals CEE specializes in
merchandise related to pharmaceuticals,
health-related equipment, and products
of the chemical and allied industries.
On May 10, 2012, the Acting
Commissioner of CBP announced at the
West Coast Trade Symposium two more
CEEs: The Automotive & Aerospace CEE
in Detroit, Michigan, and the Petroleum,
Natural Gas & Minerals CEE in Houston,
Texas. The Automotive & Aerospace
CEE specializes in merchandise related
to the automotive, aerospace, or other
transportation equipment and related
parts industries. The Petroleum, Natural
Gas & Minerals CEE specializes in
merchandise related to the petroleum,
natural gas, petroleum related, minerals,
or mining industries.
On August 28, 2012, CBP published a
General Notice in the Federal Register
(77 FR 52048) announcing a test
broadening the ability of the CEEs to
make decisions by waiving certain
identified regulations to the extent to
provide the CEE Directors with the
authority to make the decisions
normally reserved for the Port Directors.
The notice provided centralized
decision-making authority to the:
Electronics CEE; Pharmaceuticals,
Health & Chemicals CEE; Automotive &
Aerospace CEE; and Petroleum, Natural
Gas & Minerals CEE. The notice invited
all businesses that met the eligibility
criteria set forth in the notice to apply,
including, but not limited to C–TPAT
and ISA members.
On November 27, 2012, the Deputy
Commissioner of CBP announced at the
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East Coast Trade Symposium six new
CEEs: the Agriculture & Prepared
Products CEE in Miami, Florida; the
Apparel, Footwear & Textiles CEE in
San Francisco, California; the Base
Metals CEE in Chicago, Illinois; the
Consumer Products & Mass
Merchandising CEE in Atlanta, Georgia;
the Industrial & Manufacturing
Materials CEE in Buffalo, New York;
and the Machinery CEE in Laredo,
Texas.
This document expands the test to
provide broad decision-making
authority to the six new CEEs: The
Agriculture & Prepared Products CEE;
the Apparel, Footwear & Textiles CEE;
the Base Metals CEE; the Consumer
Products & Mass Merchandising CEE;
the Industrial & Manufacturing
Materials CEE; and the Machinery CEE.
Specifically, the test waives certain
regulations to the extent that they
provide Port Directors with the
authority to make certain decisions.
Those regulations are waived only to the
extent to allow the CEE Directors for the
four CEEs that are currently
participating in the test and the six new
CEEs to make those decisions.
This document also expands the list
of regulations that will be waived for the
four existing CEEs and the six new CEEs
that are joining the test. These
regulations will be waived only to the
extent to provide the CEE Directors with
decision-making authority reserved for
the Port Directors.
This document identifies the purpose
of the test and the regulations that will
be affected, determines the length of the
test, explains the application process,
and provides the eligibility and
selection criteria for voluntary
participation in the test. This document
also provides the legal authority for the
test and explains the repercussions and
appeals process for misconduct under
the test.
Purpose of the Test and Suspension of
Certain Regulations for the Four
Previously Announced CEEs and the
Six Newly Identified CEEs
CBP’s goal is to incrementally
transition the operational trade
functions that traditionally reside with
the ports of entry until they reside
entirely with the CEEs. By focusing on
industry-specific issues and providing
tailored support for the participating
importers, CBP is seeking to facilitate
trade, reduce transaction costs, increase
compliance with applicable import
laws, and achieve uniformity of
treatment at the ports of entry for the
identified industries. CBP believes that
providing broad decision-making
authority to the CEEs for entry
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processing issues will better enable the
CEEs to achieve these goals for CBP and
the trade.
Currently, pursuant to the CBP
regulations in title 19 of the Code of
Federal Regulations (19 CFR), Port
Directors have the authority to make
decisions regarding products imported
into the ports. In the General Notice
published in the Federal Register (77
FR 52048) on August 28, 2012
announcing the test for the Electronics
CEE, Pharmaceuticals, Health &
Chemicals CEE, Automotive &
Aerospace CEE, and Petroleum, Natural
Gas & Minerals CEE, certain regulations
in the following sections of title 19 of
the CFR (19 CFR) providing Port
Directors with certain decision-making
authority were waived only to the extent
to provide the CEE Directors with the
authority to make those decisions:
§§ 10.1, 10.8, 10.9, 10.21, 10.24,10.66,
10.67, 10.84, 10.91, 10.102, 10.134,
10.172–10.175, 10.177, Subparts B–K,
M, N, and P of Part 10, §§ 12.3, 12.73(j)
and (k), 12.80, 12.121(a)(2)(ii); Part 113;
§§ 134.3, 134.25, 134.26, 134.34, 134.51,
134.52, 134.53, 134.54(a),1 141.20,
141.35, 141.38, 141.44, 141.45, 141.46,
141.57, 141.58, 141.88, 141.91, 141.92,
141.113, 142.13, 144.12, 144.34(a),
144.38, 144.41, 146.63, 151.11, 152.2,
152.13, 152.101, 159.7, 159.12, 159.58,
162.79b, 163.7, 173.1, 173.2, 173.4,
173.4a, 174.12, 174.15, 174.16, 174.21,
174.22, 174.23, 174.24, 174.26, 174.27,
174.29, 174.30, 181.12, 181.13, 181.22,
181.23, 181.32, 181.33, 181.64, 181.112,
181.113, 181.114, 181.115, 181.116,
181.121, and 191.61.
These regulations are also waived for
the six new CEEs, only to the extent to
provide the CEE Directors with the
authority to make the decisions
otherwise designated for the Port
Directors.
When test participants file an entry in
a port, the required entry documents
will be routed to the CEE assigned to
that importer and certain revenuerelated functions, including but not
limited to those indicated below, will be
performed by the applicable CEE
Director instead of the Port Director:
• Determinations, notifications, and
processing concerning duty refund
claims based on 19 U.S.C. 1520(d) (see
19 CFR 10.441, 10.442, 10.591, 10.592,
181.33, 10.870, and 10.871);
1 Please note that 19 CFR 134.54(a) will be waived
only to the extent to provide the CEE Directors with
the authority to extend the number of days from the
date of the notice of redelivery for the importer to
properly mark or redeliver all merchandise
previously released to him. The Port Director will
continue to retain the authority for demanding
liquidated damages incurred under the bond in an
amount equal to the entered value of the articles not
properly marked or redelivered.
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• Requests for computed value
information (see 19 CFR 141.88);
• Waivers of invoice requirements
(see 19 CFR 141.92);
• Determinations concerning the time
of submission for all entry summaries
and estimated duties (see 19 CFR
142.13);
• Issuances of all Requests for
Information (CBP Form 28) (see 19 CFR
151.11);
• Issuances of all Notices of Action
(CBP Form 29) (see 19 CFR 152.2);
• Notifications and processing
concerning any commingling of
merchandise (see 19 CFR 152.13);
• Processing of requests for
application of the computed value
method (see 19 CFR 152.101);
• Extensions and suspensions of
liquidations (see 19 CFR 159.12);
• Reviewing and correcting for errors
in transactions (see 19 CFR 173.1); and
• Reviewing and acting on protests
(see 19 CFR 173.2, 174.21, and 174.29).
Additional Regulations That Will Be
Waived for the Four Previously
Announced CEEs and the Six Newly
Identified CEEs
In addition, for the four CEEs
currently participating in the test and
for the six new CEEs that will be joining
the test pursuant to this notice, this
document waives Subparts Q, R, and T
of Part 10 of 19 CFR only to the extent
to provide the CEE Directors with the
authority to make the decisions
otherwise designated for the Port
Directors. Subpart S of Part 10 will also
be waived to the extent to provide the
CEE Directors with the authority to
make decisions otherwise designated for
the Port Directors upon publication of
the U.S.—Panama Trade Promotion
Agreement regulations.
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Change to Previously Published Federal
Register Notice Regarding Prior
Disclosures
In the CEE test notice published on
August 28, 2012 in the Federal Register
(77 FR 52048), CBP waived
§ 162.74(e)(1) to require test participants
to file any prior disclosures with their
designated CEE rather than at the port
of entry. This document retracts the
waiver to § 162.74(e)(1) insofar as
requiring all test participants, including
those already participating, to file any
prior disclosures with their designated
CEE. Test participants may either
continue to file any prior disclosures
with a CBP officer at the CBP port of
entry of the disclosed violation or at
their designated CEE.
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CEE Determinations Not Requiring
Regulatory Suspension
The following determinations do not
require the waiver of regulations, but are
determinations that would usually
otherwise be made by the Port Directors,
and will be made by the CEE Directors
under this test: Performing all entry
summary reviews and verifications;
reviewing and processing of post entry
amendments and post summary
corrections; and fixing the final
appraisement of merchandise, and
fixing the classification and duty rate of
such merchandise.
Processes That Will Change for Test
Participants
The following is a list of processes
that will change for test participants
effective upon acceptance into this test
and CBP transitioning such processing
to the respective CEE. (For effective date
of transition, check the ‘‘Centers of
Excellence and Expertise Test
Guidelines’’ (CEE Test Guidelines)
posted on the web at https://
www.cbp.gov/linkhandler/cgov/trade/
trade_transformation/industry_int/
test_guidelines.ctt/test_guidelines.pdf):
• Requests for entry cancellations
must be submitted electronically to the
CEE;
• Census resolution processes will be
handled by the CEE; therefore, rejected
ACS entry summaries must be
electronically transmitted to the CEE’s
email address, unless other
arrangements have been made with the
CEE to resolve Census issues;
• Timely responses to Requests for
Information (CBP Form 28) and Notices
of Action (CBP Form 29) must be sent
directly to the CEE;
• Requests for Internal Advice must
be submitted electronically to the CEE
for further coordination with
Regulations and Rulings, Office of
International Trade; and
• Protests must be filed via the
electronic protest module in ACS
(including a note in the filing that
designates the CEE team), or, submitted
electronically on a scanned copy of the
CBP Form 19 with all supporting
documents to the CEE via the ACE
Portal or the CEE’s email address.
Processes That Will Remain Unchanged
for Selected Test Participants
Unless specified in this document or
in the CEE Test Guidelines, all current
processes will remain unchanged. For
example, the following processes will
remain unchanged:
• Quota entry summaries will
continue to be processed by the ports of
entry;
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20347
• The bulletin notice of liquidation
(CBP Form 4333) will continue to be
posted at the ports of entry;
• Revenue collection and the
resolution of discrepancies in the
amount of monies presented will remain
with the ports of entry;
• Decisions on requests for further
review and decisions on requests to
void the denial of a protest will
continue to be issued by Regulations
and Rulings, Office of International
Trade;
• Entry filers must continue to file
Electronic Invoice Program (EIP) and
Remote Location Filing (RLF) entry
summaries as usual in the Automated
Commercial System (ACS) or
Automated Commercial Environment
(ACE); and
• Entry filers must continue to submit
entry summaries through the ACS or
ACE and will not be required to change
the respective port of entry.
CEE Test Guidelines and Scope of the
CEEs’ Broad Decision-Making
Authority
All of the regulations cited above that
require waiving to provide the CEE
Directors with authority to make
decisions that are otherwise designated
for the Port Director will be waived
upon publication of this notice for
participants assigned to the six new
CEEs and continue to be waived for
participants assigned to the previously
established four CEEs, with the
exception of §§ 159.7 and 191.61, which
will be waived on a date that will be
indicated in the above referenced CEE
Test Guidelines. Regulations that are
waived for the first time with
publication of this notice will be waived
for participants at all ten CEEs upon the
date of publication. CBP has posted CEE
Test Guidelines on the web to provide
information regarding CEE operations.
Test participants must check the CEE
Test Guidelines on a weekly basis to
determine: (1) How their responsibilities
and required processes will differ from
non-CEE participants and the effective
date of the new responsibility or
required processes; (2) whether the new
responsibilities and required processes
are being changed again and the
effective date of the change; (3) whether
there will be a change to any procedure
that is required by CBP in a manner
otherwise than by regulation, e.g.,
reconciliation test notice; and (4) when
§§ 159.7 and 191.61 will be waived.
All changes to procedures during the
test will be posted in the CEE Test
Guidelines two weeks before the change
goes into effect.
The broad decision-making authority
provided to the CEEs and the new
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processes for entry filers will apply only
to participants in the test. Port Directors
will continue to make these decisions
for all other importers. Decisions made
by a CEE which are within the authority
granted under this test shall govern the
transactions to which they pertain; test
participants may not seek to have such
decisions referred to a Port Director or
another CEE Director. For efficiency and
trade facilitation, all consumption
entries filed before and during
participation in the test, except for
antidumping and countervailing duty
entries, will be processed by the
designated CEE, regardless of the
commodity listed on the entry line upon
transition of processing as set forth in
the CEE guidelines. These entries will
continue to be processed by the CEE,
even if the test participant voluntarily
withdraws from the test. Similarly,
regardless of whether a protestable
decision was made by a Port Director or
a CEE Director, any protests filed after
participation in the test commences will
be processed and decided upon by the
CEE Director. The processing and
decision-making authority for these
protests will remain with the CEE
Director, even if the test participant
voluntarily withdraws from the test.
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Timeline for Test
The test for the six new CEEs is
intended to last three years from July 3,
2013. The test timeline for the four CEEs
announced on August 28, 2012 in the
Federal Register (77 FR 52048) will be
changed to reflect the same timeline as
the six newly identified CEEs. At the
conclusion of the test, an evaluation
will be conducted to assess the effect
that providing CEEs with broad
decision-making authority has on
improving trade facilitation, lowering
transaction costs for importers, and
ensuring importers’ compliance with
applicable import laws and CBP
uniformity of actions. CBP plans to
publish a notice when the test closes.
Application Process
Importers of the products defined in
the ‘‘Eligibility Criteria for Voluntary
Participation’’ section of this document,
that meet the eligibility criteria
indicated in that section, and wish to
participate must submit a letter to U.S.
Customs and Border Protection, Office
of Field Operations, Trade Operations
Division, 1300 Pennsylvania Ave. NW.,
Suite 2.3D, Washington, DC 20229–
1015, or an email to CEE@cbp.dhs.gov.
The letter or email must include the
name and contact information for the
business interested in participating in
the test, the name of the CEE in which
the business wants to participate, and
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the business’s importer of record (IOR)
number(s). Only businesses that meet
the eligibility criteria provided in this
document are invited to apply for
participation. Anyone providing
incomplete information, or otherwise
not meeting participation requirements,
will be notified and given the
opportunity to resubmit. CBP may
contact applicants with regard to any
additional information that may be
needed.
Test participants will be required to
update their designated CEE with any
changes or additions to IOR numbers
during the course of the test.
Additional participants may join
throughout the duration of the test by
following the procedures above.
Eligibility Criteria for Voluntary
Participants
For inclusion in the Agriculture &
Prepared Products CEE, applicants must
be part of the agriculture, aquaculture,
animal products, vegetable products,
prepared food, beverage, alcohol,
tobacco or similar industries, with the
highest percentage of their entries
comprised of related merchandise. For
the purposes of this test ‘‘agriculture
and prepared products’’ includes
merchandise classified under Chapters 1
through 24 of the Harmonized Tariff
Schedule of the United States (HTSUS).
For inclusion in the Apparel,
Footwear & Textiles CEE, applicants
must be part of the wearing apparel,
footwear, textile mill, textile mill
products, or similar industries, with the
highest percentage of their entries
comprised of related merchandise. For
the purposes of this test ‘‘apparel,
footwear, and textiles’’ includes
merchandise classified under headings
4015, 4203, 4303, 4304, 5001 through
5007, 5101 through 5113, 5201 through
5212, 5301, 5302, 5303, 5305 through
5311, 5401 through 5408, 5501 through
5516, 5601 through 5609, 5701 through
5705, 5801 through 5811, 5901 through
5911, 6001 through 6006, 6101 through
6117, 6201 through 6217, 6301 through
6310, 6401 through 6406, 6501, 6502,
6504, 6505 6506, and 6507 of the
HTSUS.
For inclusion in the Base Metals CEE,
applicants must be part of the steel,
steel mill products, ferrous and
nonferrous metal, or similar industries,
with the highest percentage of their
entries comprised of related
merchandise. For the purposes of this
test ‘‘base metals’’ includes merchandise
classified under headings 7201 through
7318, 7320, 7322, 7324 through 7414,
7419 through 7614, 7616 through 8113
of the HTSUS.
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For inclusion in the Consumer
Products and Mass Merchandising CEE,
applicants must be part of the
household goods, consumer products, or
similar industries, and or mass
merchandisers of products typically
sold for home use, with the highest
percentage of their entries comprised of
related merchandise. For the purposes
of this test ‘‘consumer products and
mass merchandising’’ includes
merchandise classified under headings
3303 through 3307, 3401, 3406, 3605,
3924, 3926, 4201, 4202, 4205, 4206,
4414, 4419, 4420, 4421, 4602, 4803,
4817, 4818, 4820, 4901 through 4911,
6601 through 6603, 6701 through 6704,
6911 through 6913, 7013, 7113 through
7118, 7319, 7321, 7323, 7418, 7615,
8211 through 8215, 8301, 8303 through
8306, 8469, 8470, 8508, 8509, 8510,
8513, 8516, 8712, 8715, 9001 through
9006, 9013, 9101 through 9114, 9201,
9202, 9205 through 9209, 9401, 9403
through 9405, 9503 through 9508, 9601
through 9618, and 9701 through 9706 of
the HTSUS.
For inclusion in the Industrial &
Manufacturing Materials CEE,
applicants must be part of the plastics,
polymers, rubber, leather, wood, paper,
stone, glass, precious stones or precious
metals, or similar industries, with the
highest percentage of their entries
comprised of related merchandise. For
the purposes of this test ‘‘industrial and
manufacturing materials’’ includes
merchandise classified under headings
3901 through 3923, 3925, 4001 through
4010, 4016 through 4115, 4301, 4302,
4401 through 4413, 4414 through 4418,
4501 through 4601, 4701 through 4802,
4804 through 4816, 4819, 4821, 4822,
4823, 6801 through 6910, 6914 through
7011, 7014 through 7112 of the HTSUS.
For inclusion in the Machinery CEE,
applicants must be part of the tools,
machine tools, production equipment,
instruments, or similar industries, with
the highest percentage of their entries
comprised of related merchandise. For
the purposes of this test ‘‘machinery’’
includes merchandise classified under
headings 8201 through 8210, 8302, 8307
through 8311, 8401 through 8405, 8413
through 8468, 8472, 8474 through 8485,
8486, 8487, 8505 through 8507, 8511,
8514, 8515, 8539, 9007, 9008, 9010,
9011, 9012, 9014 through 9017, 9020,
9023 through 9033, 9301 through 9307,
and 9406, of the HTSUS.
Participants in any CEE must also
have an ACE portal account.
Selection Criteria for Voluntary
Participants
Importers that meet the criteria above
may be selected for inclusion in the test.
In the initial phase of the test, priority
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Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Notices
consideration for participation will be
given to importers enrolled in the C–
TPAT Program as Tier 2 or Tier 3
members, and members of the Importer
Self-Assessment (ISA) Program.
Importers interested in participating at
this time, however, need not be C–TPAT
or ISA participants to apply to the four
CEEs that were announced in the
August 28, 2012 Federal Register (77 FR
52048) notice, or to the six newly
identified CEEs. CBP will notify the
selected applicants in writing of their
selection, their designated CEE, and the
starting date of their participation.
Selected participants may have different
starting dates.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Legal Authority for General Testing
Section 101.9(a) of the CBP
regulations (19 CFR 101.9(a)) allows
CBP to conduct a test program or
procedure to evaluate the effectiveness
of operational procedures regarding the
processing of passengers, vessels, or
merchandise by imposing requirements
different from those specified in the
CBP regulations but only to the extent
that such different requirements do not
affect the collection of the revenue,
public health, safety, or law
enforcement. This test is established
pursuant to 19 CFR 101.9(a) to test the
effectiveness of new operational
procedures. Revenue collection will
continue to be handled electronically
through the Automated Clearing House
(ACH) and by the ports of entry and the
test will not affect public health, safety,
or law enforcement.
Misconduct Under the Test
A CEE test participant may be subject
to civil and criminal penalties,
administrative sanctions, liquidated
damages, and/or discontinuance from
participation in this test for any of the
following:
• Failure to follow the terms and
conditions of this test.
• Failure to exercise reasonable care
in the execution of participant
obligations.
• Failure to abide by applicable laws
and regulations that have not been
waived.
• Failure to deposit duties or fees in
a timely manner.
If the CEE Director finds that there is
a basis for discontinuance of test
participation privileges, the test
participant will be provided a written
notice proposing the discontinuance
with a description of the facts or
conduct warranting the action. The test
participant will be offered the
opportunity to appeal the CEE Director’s
decision in writing within 10 calendar
days of receipt of the written notice. The
VerDate Mar<15>2010
14:48 Apr 03, 2013
Jkt 229001
appeal must be submitted to U.S.
Customs and Border Protection, Office
of Field Operations, Cargo and
Conveyance Security (CCS) Division,
1300 Pennsylvania Ave. NW., Suite
2.3D, Washington, DC 20229–1015 or by
email to CEE@cbp.dhs.gov. The
Executive Director, Cargo and
Conveyance Security, Office of Field
Operations (OFO), CBP Headquarters,
will issue a decision in writing on the
proposed action within 30 working days
after receiving a timely filed appeal
from the test participant. If no timely
appeal is received, the proposed notice
becomes the final decision of the
Agency as of the date that the appeal
period expires. A proposed
discontinuance of a test participant’s
participation privileges will not take
effect unless the appeal process under
this paragraph has been concluded with
a written decision adverse to the test
participant.
In the case of willfulness or those in
which public health, interest, or safety
so requires, the CEE Director may
immediately discontinue the test
participant’s participation privileges
upon written notice to the test
participant. The notice will contain a
description of the facts or conduct
warranting the immediate action. The
test participant will be offered the
opportunity to appeal the CEE Director’s
decision within 10 calendar days of
receipt of the written notice providing
for immediate discontinuance. The
appeal must be submitted to U.S.
Customs and Border Protection, Office
of Field Operations, CCS Division, 1300
Pennsylvania Ave. NW., Suite 2.3D,
Washington, DC 20229–1015 or by
email to CEE@cbp.dhs.gov. The
immediate discontinuance will remain
in effect during the appeal period. The
Executive Director, Cargo and
Conveyance Security, Office of Field
Operations (OFO), CBP Headquarters,
will issue a decision in writing on the
discontinuance within 15 working days
after receiving a timely filed appeal
from the test participant. If no timely
appeal is received, the notice becomes
the final decision of the Agency as of
the date that the appeal period expires.
Dated: March 29, 2013.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2013–07840 Filed 4–3–13; 8:45 am]
BILLING CODE P
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
20349
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Quarterly IRS Interest Rates Used in
Calculating Interest on Overdue
Accounts and Refunds on Customs
Duties
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This notice advises the public
of the quarterly Internal Revenue
Service interest rates used to calculate
interest on overdue accounts
(underpayments) and refunds
(overpayments) of customs duties. For
the calendar quarter beginning April 1,
2013, the interest rates for overpayments
will be 2 percent for corporations and 3
percent for non-corporations, and the
interest rate for underpayments will be
3 percent for both corporations and noncorporations. This notice is published
for the convenience of the importing
public and U.S. Customs and Border
Protection personnel.
DATES: Effective Date: April 1, 2013.
FOR FURTHER INFORMATION CONTACT: Ron
Wyman, Revenue Division, Collection
and Refunds Branch, 6650 Telecom
Drive, Suite #100, Indianapolis, Indiana
46278; telephone (317) 614–4516.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Pursuant to 19 U.S.C. 1505 and
Treasury Decision 85–93, published in
the Federal Register on May 29, 1985
(50 FR 21832), the interest rate paid on
applicable overpayments or
underpayments of customs duties must
be in accordance with the Internal
Revenue Code rate established under 26
U.S.C. 6621 and 6622. Section 6621 was
amended (at paragraph (a)(1)(B) by the
Internal Revenue Service Restructuring
and Reform Act of 1998, Public Law
105–206, 112 Stat. 685) to provide
different interest rates applicable to
overpayments: one for corporations and
one for non-corporations.
The interest rates are based on the
Federal short-term rate and determined
by the Internal Revenue Service (IRS) on
behalf of the Secretary of the Treasury
on a quarterly basis. The rates effective
for a quarter are determined during the
first-month period of the previous
quarter.
In Revenue Ruling 2013–6, the IRS
determined the rates of interest for the
calendar quarter beginning April 1,
2013, and ending on June 30, 2013. The
interest rate paid to the Treasury for
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Notices]
[Pages 20345-20349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07840]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Modification and Expansion of CBP Centers of Excellence and
Expertise Test To Include Six Additional Centers
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces U.S. Customs and Border Protection's
(CBP's) plan to modify and expand its test for the Centers of
Excellence and Expertise (CEEs), originally published in the Federal
Register on August 28, 2012. This document announces that six new
CEEs--the Agriculture & Prepared Products CEE; the Apparel, Footwear &
Textiles CEE; the Base Metals CEE; the Consumer Products & Mass
Merchandising CEE; the Industrial & Manufacturing Materials CEE; and
the Machinery CEE--will be opened and tested to determine how they will
operate with broad decision-making authority. This notice invites
public comment concerning the methodology of the test program,
identifies the purpose of the test and the regulations that will be
affected, determines the length of the test, explains the application
process and application timeframes, and provides the eligibility and
selection criteria for voluntary participation in the test. This
document also provides the legal authority for the test and explains
the repercussions and appeals process for misconduct under the test.
This notice also expands the regulations that will be included in the
test for the six new CEEs as well as the four CEEs currently
participating in the test: the Electronics CEE; the Pharmaceuticals,
Health & Chemicals CEE; the Automotive & Aerospace CEE; and the
Petroleum, Natural Gas & Minerals CEE. To the extent not modified by
this notice, all provisions, terms, conditions, and requirements of the
August 28, 2012 test notice continue to apply.
DATES: For the Base Metals CEE; the Industrial & Manufacturing
Materials CEE; and the Machinery CEE, applications for participation
may be submitted beginning April 4, 2013 and selection of initial test
participants for these three CEEs will begin no later than May 6, 2013.
Applications will be accepted throughout the duration of this test.
For the Agriculture & Prepared Products CEE; the Apparel, Footwear
& Textiles CEE; and the Consumer Products & Mass Merchandising CEE,
applications for participation may be submitted beginning June 3, 2013
and selection of initial test participants for these three CEEs will
begin no later than July 3, 2013. Applications will be accepted
throughout the duration of this test.
Applications for participation in the test announced on August 28,
2012 in the Federal Register (77 FR 52048) will continue to be accepted
throughout the duration of that test. Selected applicants for all of
the CEEs will be individually notified of their participation date.
ADDRESSES: If interested in participating in the CEE test, please
either (1) send an email to CEE@cbp.dhs.gov, with a subject line
identifier reading ``Participating in CEE'' that includes the
information listed in the Application Process section of this document
and identify the name of the CEE, or (2) a letter directed to U.S.
Customs and Border Protection, Office of Field Operations, Trade
Operations Division, 1300 Pennsylvania Ave. NW., Suite 2.3D,
Washington, DC 20229-1015, that includes the information listed in the
Application Process section of this document including the name of the
CEE.
Comments concerning this test program may be submitted via email,
with the subject line identifier reading ``Comment on CEE test,'' to
CEE@cbp.dhs.gov.
FOR FURTHER INFORMATION CONTACT: Lori Whitehurst, Program Manager,
Office of Field Operations, at (202) 344-2536; or Thomas Overacker,
Project Coordinator, Office of International Trade at (859) 331-9020
ext. 137.
SUPPLEMENTARY INFORMATION:
[[Page 20346]]
Background
In October 2011, U.S. Customs and Border Protection (CBP)
established two Centers of Excellence and Expertise (CEEs): The
Electronics CEE in Long Beach, California and the Pharmaceuticals,
Health & Chemicals CEE in New York City, New York. When these CEEs were
established in October 2011, the CEEs were staffed with CBP employees
who facilitated trade by providing account management for Customs-Trade
Partnership Against Terrorism (C-TPAT) and Importer Self-Assessment
(ISA) members in the identified industries; they engaged in risk
segmentation and trade outreach. The CEEs had the ability to review
entries and the CEE Directors tasked with leading the CEEs made entry
processing recommendations to the Port Directors concerning
pharmaceutical and electronics entries. The Electronics CEE specializes
in merchandise related to information technology, integrated circuits,
automated data processing equipment, and consumer electronics. The
Pharmaceuticals, Health & Chemicals CEE specializes in merchandise
related to pharmaceuticals, health-related equipment, and products of
the chemical and allied industries.
On May 10, 2012, the Acting Commissioner of CBP announced at the
West Coast Trade Symposium two more CEEs: The Automotive & Aerospace
CEE in Detroit, Michigan, and the Petroleum, Natural Gas & Minerals CEE
in Houston, Texas. The Automotive & Aerospace CEE specializes in
merchandise related to the automotive, aerospace, or other
transportation equipment and related parts industries. The Petroleum,
Natural Gas & Minerals CEE specializes in merchandise related to the
petroleum, natural gas, petroleum related, minerals, or mining
industries.
On August 28, 2012, CBP published a General Notice in the Federal
Register (77 FR 52048) announcing a test broadening the ability of the
CEEs to make decisions by waiving certain identified regulations to the
extent to provide the CEE Directors with the authority to make the
decisions normally reserved for the Port Directors. The notice provided
centralized decision-making authority to the: Electronics CEE;
Pharmaceuticals, Health & Chemicals CEE; Automotive & Aerospace CEE;
and Petroleum, Natural Gas & Minerals CEE. The notice invited all
businesses that met the eligibility criteria set forth in the notice to
apply, including, but not limited to C-TPAT and ISA members.
On November 27, 2012, the Deputy Commissioner of CBP announced at
the East Coast Trade Symposium six new CEEs: the Agriculture & Prepared
Products CEE in Miami, Florida; the Apparel, Footwear & Textiles CEE in
San Francisco, California; the Base Metals CEE in Chicago, Illinois;
the Consumer Products & Mass Merchandising CEE in Atlanta, Georgia; the
Industrial & Manufacturing Materials CEE in Buffalo, New York; and the
Machinery CEE in Laredo, Texas.
This document expands the test to provide broad decision-making
authority to the six new CEEs: The Agriculture & Prepared Products CEE;
the Apparel, Footwear & Textiles CEE; the Base Metals CEE; the Consumer
Products & Mass Merchandising CEE; the Industrial & Manufacturing
Materials CEE; and the Machinery CEE. Specifically, the test waives
certain regulations to the extent that they provide Port Directors with
the authority to make certain decisions. Those regulations are waived
only to the extent to allow the CEE Directors for the four CEEs that
are currently participating in the test and the six new CEEs to make
those decisions.
This document also expands the list of regulations that will be
waived for the four existing CEEs and the six new CEEs that are joining
the test. These regulations will be waived only to the extent to
provide the CEE Directors with decision-making authority reserved for
the Port Directors.
This document identifies the purpose of the test and the
regulations that will be affected, determines the length of the test,
explains the application process, and provides the eligibility and
selection criteria for voluntary participation in the test. This
document also provides the legal authority for the test and explains
the repercussions and appeals process for misconduct under the test.
Purpose of the Test and Suspension of Certain Regulations for the Four
Previously Announced CEEs and the Six Newly Identified CEEs
CBP's goal is to incrementally transition the operational trade
functions that traditionally reside with the ports of entry until they
reside entirely with the CEEs. By focusing on industry-specific issues
and providing tailored support for the participating importers, CBP is
seeking to facilitate trade, reduce transaction costs, increase
compliance with applicable import laws, and achieve uniformity of
treatment at the ports of entry for the identified industries. CBP
believes that providing broad decision-making authority to the CEEs for
entry processing issues will better enable the CEEs to achieve these
goals for CBP and the trade.
Currently, pursuant to the CBP regulations in title 19 of the Code
of Federal Regulations (19 CFR), Port Directors have the authority to
make decisions regarding products imported into the ports. In the
General Notice published in the Federal Register (77 FR 52048) on
August 28, 2012 announcing the test for the Electronics CEE,
Pharmaceuticals, Health & Chemicals CEE, Automotive & Aerospace CEE,
and Petroleum, Natural Gas & Minerals CEE, certain regulations in the
following sections of title 19 of the CFR (19 CFR) providing Port
Directors with certain decision-making authority were waived only to
the extent to provide the CEE Directors with the authority to make
those decisions: Sec. Sec. 10.1, 10.8, 10.9, 10.21, 10.24,10.66,
10.67, 10.84, 10.91, 10.102, 10.134, 10.172-10.175, 10.177, Subparts B-
K, M, N, and P of Part 10, Sec. Sec. 12.3, 12.73(j) and (k), 12.80,
12.121(a)(2)(ii); Part 113; Sec. Sec. 134.3, 134.25, 134.26, 134.34,
134.51, 134.52, 134.53, 134.54(a),\1\ 141.20, 141.35, 141.38, 141.44,
141.45, 141.46, 141.57, 141.58, 141.88, 141.91, 141.92, 141.113,
142.13, 144.12, 144.34(a), 144.38, 144.41, 146.63, 151.11, 152.2,
152.13, 152.101, 159.7, 159.12, 159.58, 162.79b, 163.7, 173.1, 173.2,
173.4, 173.4a, 174.12, 174.15, 174.16, 174.21, 174.22, 174.23, 174.24,
174.26, 174.27, 174.29, 174.30, 181.12, 181.13, 181.22, 181.23, 181.32,
181.33, 181.64, 181.112, 181.113, 181.114, 181.115, 181.116, 181.121,
and 191.61.
---------------------------------------------------------------------------
\1\ Please note that 19 CFR 134.54(a) will be waived only to the
extent to provide the CEE Directors with the authority to extend the
number of days from the date of the notice of redelivery for the
importer to properly mark or redeliver all merchandise previously
released to him. The Port Director will continue to retain the
authority for demanding liquidated damages incurred under the bond
in an amount equal to the entered value of the articles not properly
marked or redelivered.
---------------------------------------------------------------------------
These regulations are also waived for the six new CEEs, only to the
extent to provide the CEE Directors with the authority to make the
decisions otherwise designated for the Port Directors.
When test participants file an entry in a port, the required entry
documents will be routed to the CEE assigned to that importer and
certain revenue-related functions, including but not limited to those
indicated below, will be performed by the applicable CEE Director
instead of the Port Director:
Determinations, notifications, and processing concerning
duty refund claims based on 19 U.S.C. 1520(d) (see 19 CFR 10.441,
10.442, 10.591, 10.592, 181.33, 10.870, and 10.871);
[[Page 20347]]
Requests for computed value information (see 19 CFR
141.88);
Waivers of invoice requirements (see 19 CFR 141.92);
Determinations concerning the time of submission for all
entry summaries and estimated duties (see 19 CFR 142.13);
Issuances of all Requests for Information (CBP Form 28)
(see 19 CFR 151.11);
Issuances of all Notices of Action (CBP Form 29) (see 19
CFR 152.2);
Notifications and processing concerning any commingling of
merchandise (see 19 CFR 152.13);
Processing of requests for application of the computed
value method (see 19 CFR 152.101);
Extensions and suspensions of liquidations (see 19 CFR
159.12);
Reviewing and correcting for errors in transactions (see
19 CFR 173.1); and
Reviewing and acting on protests (see 19 CFR 173.2,
174.21, and 174.29).
Additional Regulations That Will Be Waived for the Four Previously
Announced CEEs and the Six Newly Identified CEEs
In addition, for the four CEEs currently participating in the test
and for the six new CEEs that will be joining the test pursuant to this
notice, this document waives Subparts Q, R, and T of Part 10 of 19 CFR
only to the extent to provide the CEE Directors with the authority to
make the decisions otherwise designated for the Port Directors. Subpart
S of Part 10 will also be waived to the extent to provide the CEE
Directors with the authority to make decisions otherwise designated for
the Port Directors upon publication of the U.S.--Panama Trade Promotion
Agreement regulations.
Change to Previously Published Federal Register Notice Regarding Prior
Disclosures
In the CEE test notice published on August 28, 2012 in the Federal
Register (77 FR 52048), CBP waived Sec. 162.74(e)(1) to require test
participants to file any prior disclosures with their designated CEE
rather than at the port of entry. This document retracts the waiver to
Sec. 162.74(e)(1) insofar as requiring all test participants,
including those already participating, to file any prior disclosures
with their designated CEE. Test participants may either continue to
file any prior disclosures with a CBP officer at the CBP port of entry
of the disclosed violation or at their designated CEE.
CEE Determinations Not Requiring Regulatory Suspension
The following determinations do not require the waiver of
regulations, but are determinations that would usually otherwise be
made by the Port Directors, and will be made by the CEE Directors under
this test: Performing all entry summary reviews and verifications;
reviewing and processing of post entry amendments and post summary
corrections; and fixing the final appraisement of merchandise, and
fixing the classification and duty rate of such merchandise.
Processes That Will Change for Test Participants
The following is a list of processes that will change for test
participants effective upon acceptance into this test and CBP
transitioning such processing to the respective CEE. (For effective
date of transition, check the ``Centers of Excellence and Expertise
Test Guidelines'' (CEE Test Guidelines) posted on the web at https://www.cbp.gov/linkhandler/cgov/trade/trade_transformation/industry_int/test_guidelines.ctt/test_guidelines.pdf):
Requests for entry cancellations must be submitted
electronically to the CEE;
Census resolution processes will be handled by the CEE;
therefore, rejected ACS entry summaries must be electronically
transmitted to the CEE's email address, unless other arrangements have
been made with the CEE to resolve Census issues;
Timely responses to Requests for Information (CBP Form 28)
and Notices of Action (CBP Form 29) must be sent directly to the CEE;
Requests for Internal Advice must be submitted
electronically to the CEE for further coordination with Regulations and
Rulings, Office of International Trade; and
Protests must be filed via the electronic protest module
in ACS (including a note in the filing that designates the CEE team),
or, submitted electronically on a scanned copy of the CBP Form 19 with
all supporting documents to the CEE via the ACE Portal or the CEE's
email address.
Processes That Will Remain Unchanged for Selected Test Participants
Unless specified in this document or in the CEE Test Guidelines,
all current processes will remain unchanged. For example, the following
processes will remain unchanged:
Quota entry summaries will continue to be processed by the
ports of entry;
The bulletin notice of liquidation (CBP Form 4333) will
continue to be posted at the ports of entry;
Revenue collection and the resolution of discrepancies in
the amount of monies presented will remain with the ports of entry;
Decisions on requests for further review and decisions on
requests to void the denial of a protest will continue to be issued by
Regulations and Rulings, Office of International Trade;
Entry filers must continue to file Electronic Invoice
Program (EIP) and Remote Location Filing (RLF) entry summaries as usual
in the Automated Commercial System (ACS) or Automated Commercial
Environment (ACE); and
Entry filers must continue to submit entry summaries
through the ACS or ACE and will not be required to change the
respective port of entry.
CEE Test Guidelines and Scope of the CEEs' Broad Decision-Making
Authority
All of the regulations cited above that require waiving to provide
the CEE Directors with authority to make decisions that are otherwise
designated for the Port Director will be waived upon publication of
this notice for participants assigned to the six new CEEs and continue
to be waived for participants assigned to the previously established
four CEEs, with the exception of Sec. Sec. 159.7 and 191.61, which
will be waived on a date that will be indicated in the above referenced
CEE Test Guidelines. Regulations that are waived for the first time
with publication of this notice will be waived for participants at all
ten CEEs upon the date of publication. CBP has posted CEE Test
Guidelines on the web to provide information regarding CEE operations.
Test participants must check the CEE Test Guidelines on a weekly basis
to determine: (1) How their responsibilities and required processes
will differ from non-CEE participants and the effective date of the new
responsibility or required processes; (2) whether the new
responsibilities and required processes are being changed again and the
effective date of the change; (3) whether there will be a change to any
procedure that is required by CBP in a manner otherwise than by
regulation, e.g., reconciliation test notice; and (4) when Sec. Sec.
159.7 and 191.61 will be waived.
All changes to procedures during the test will be posted in the CEE
Test Guidelines two weeks before the change goes into effect.
The broad decision-making authority provided to the CEEs and the
new
[[Page 20348]]
processes for entry filers will apply only to participants in the test.
Port Directors will continue to make these decisions for all other
importers. Decisions made by a CEE which are within the authority
granted under this test shall govern the transactions to which they
pertain; test participants may not seek to have such decisions referred
to a Port Director or another CEE Director. For efficiency and trade
facilitation, all consumption entries filed before and during
participation in the test, except for antidumping and countervailing
duty entries, will be processed by the designated CEE, regardless of
the commodity listed on the entry line upon transition of processing as
set forth in the CEE guidelines. These entries will continue to be
processed by the CEE, even if the test participant voluntarily
withdraws from the test. Similarly, regardless of whether a protestable
decision was made by a Port Director or a CEE Director, any protests
filed after participation in the test commences will be processed and
decided upon by the CEE Director. The processing and decision-making
authority for these protests will remain with the CEE Director, even if
the test participant voluntarily withdraws from the test.
Timeline for Test
The test for the six new CEEs is intended to last three years from
July 3, 2013. The test timeline for the four CEEs announced on August
28, 2012 in the Federal Register (77 FR 52048) will be changed to
reflect the same timeline as the six newly identified CEEs. At the
conclusion of the test, an evaluation will be conducted to assess the
effect that providing CEEs with broad decision-making authority has on
improving trade facilitation, lowering transaction costs for importers,
and ensuring importers' compliance with applicable import laws and CBP
uniformity of actions. CBP plans to publish a notice when the test
closes.
Application Process
Importers of the products defined in the ``Eligibility Criteria for
Voluntary Participation'' section of this document, that meet the
eligibility criteria indicated in that section, and wish to participate
must submit a letter to U.S. Customs and Border Protection, Office of
Field Operations, Trade Operations Division, 1300 Pennsylvania Ave.
NW., Suite 2.3D, Washington, DC 20229-1015, or an email to
CEE@cbp.dhs.gov. The letter or email must include the name and contact
information for the business interested in participating in the test,
the name of the CEE in which the business wants to participate, and the
business's importer of record (IOR) number(s). Only businesses that
meet the eligibility criteria provided in this document are invited to
apply for participation. Anyone providing incomplete information, or
otherwise not meeting participation requirements, will be notified and
given the opportunity to resubmit. CBP may contact applicants with
regard to any additional information that may be needed.
Test participants will be required to update their designated CEE
with any changes or additions to IOR numbers during the course of the
test.
Additional participants may join throughout the duration of the
test by following the procedures above.
Eligibility Criteria for Voluntary Participants
For inclusion in the Agriculture & Prepared Products CEE,
applicants must be part of the agriculture, aquaculture, animal
products, vegetable products, prepared food, beverage, alcohol, tobacco
or similar industries, with the highest percentage of their entries
comprised of related merchandise. For the purposes of this test
``agriculture and prepared products'' includes merchandise classified
under Chapters 1 through 24 of the Harmonized Tariff Schedule of the
United States (HTSUS).
For inclusion in the Apparel, Footwear & Textiles CEE, applicants
must be part of the wearing apparel, footwear, textile mill, textile
mill products, or similar industries, with the highest percentage of
their entries comprised of related merchandise. For the purposes of
this test ``apparel, footwear, and textiles'' includes merchandise
classified under headings 4015, 4203, 4303, 4304, 5001 through 5007,
5101 through 5113, 5201 through 5212, 5301, 5302, 5303, 5305 through
5311, 5401 through 5408, 5501 through 5516, 5601 through 5609, 5701
through 5705, 5801 through 5811, 5901 through 5911, 6001 through 6006,
6101 through 6117, 6201 through 6217, 6301 through 6310, 6401 through
6406, 6501, 6502, 6504, 6505 6506, and 6507 of the HTSUS.
For inclusion in the Base Metals CEE, applicants must be part of
the steel, steel mill products, ferrous and nonferrous metal, or
similar industries, with the highest percentage of their entries
comprised of related merchandise. For the purposes of this test ``base
metals'' includes merchandise classified under headings 7201 through
7318, 7320, 7322, 7324 through 7414, 7419 through 7614, 7616 through
8113 of the HTSUS.
For inclusion in the Consumer Products and Mass Merchandising CEE,
applicants must be part of the household goods, consumer products, or
similar industries, and or mass merchandisers of products typically
sold for home use, with the highest percentage of their entries
comprised of related merchandise. For the purposes of this test
``consumer products and mass merchandising'' includes merchandise
classified under headings 3303 through 3307, 3401, 3406, 3605, 3924,
3926, 4201, 4202, 4205, 4206, 4414, 4419, 4420, 4421, 4602, 4803, 4817,
4818, 4820, 4901 through 4911, 6601 through 6603, 6701 through 6704,
6911 through 6913, 7013, 7113 through 7118, 7319, 7321, 7323, 7418,
7615, 8211 through 8215, 8301, 8303 through 8306, 8469, 8470, 8508,
8509, 8510, 8513, 8516, 8712, 8715, 9001 through 9006, 9013, 9101
through 9114, 9201, 9202, 9205 through 9209, 9401, 9403 through 9405,
9503 through 9508, 9601 through 9618, and 9701 through 9706 of the
HTSUS.
For inclusion in the Industrial & Manufacturing Materials CEE,
applicants must be part of the plastics, polymers, rubber, leather,
wood, paper, stone, glass, precious stones or precious metals, or
similar industries, with the highest percentage of their entries
comprised of related merchandise. For the purposes of this test
``industrial and manufacturing materials'' includes merchandise
classified under headings 3901 through 3923, 3925, 4001 through 4010,
4016 through 4115, 4301, 4302, 4401 through 4413, 4414 through 4418,
4501 through 4601, 4701 through 4802, 4804 through 4816, 4819, 4821,
4822, 4823, 6801 through 6910, 6914 through 7011, 7014 through 7112 of
the HTSUS.
For inclusion in the Machinery CEE, applicants must be part of the
tools, machine tools, production equipment, instruments, or similar
industries, with the highest percentage of their entries comprised of
related merchandise. For the purposes of this test ``machinery''
includes merchandise classified under headings 8201 through 8210, 8302,
8307 through 8311, 8401 through 8405, 8413 through 8468, 8472, 8474
through 8485, 8486, 8487, 8505 through 8507, 8511, 8514, 8515, 8539,
9007, 9008, 9010, 9011, 9012, 9014 through 9017, 9020, 9023 through
9033, 9301 through 9307, and 9406, of the HTSUS.
Participants in any CEE must also have an ACE portal account.
Selection Criteria for Voluntary Participants
Importers that meet the criteria above may be selected for
inclusion in the test. In the initial phase of the test, priority
[[Page 20349]]
consideration for participation will be given to importers enrolled in
the C-TPAT Program as Tier 2 or Tier 3 members, and members of the
Importer Self-Assessment (ISA) Program. Importers interested in
participating at this time, however, need not be C-TPAT or ISA
participants to apply to the four CEEs that were announced in the
August 28, 2012 Federal Register (77 FR 52048) notice, or to the six
newly identified CEEs. CBP will notify the selected applicants in
writing of their selection, their designated CEE, and the starting date
of their participation. Selected participants may have different
starting dates.
Legal Authority for General Testing
Section 101.9(a) of the CBP regulations (19 CFR 101.9(a)) allows
CBP to conduct a test program or procedure to evaluate the
effectiveness of operational procedures regarding the processing of
passengers, vessels, or merchandise by imposing requirements different
from those specified in the CBP regulations but only to the extent that
such different requirements do not affect the collection of the
revenue, public health, safety, or law enforcement. This test is
established pursuant to 19 CFR 101.9(a) to test the effectiveness of
new operational procedures. Revenue collection will continue to be
handled electronically through the Automated Clearing House (ACH) and
by the ports of entry and the test will not affect public health,
safety, or law enforcement.
Misconduct Under the Test
A CEE test participant may be subject to civil and criminal
penalties, administrative sanctions, liquidated damages, and/or
discontinuance from participation in this test for any of the
following:
Failure to follow the terms and conditions of this test.
Failure to exercise reasonable care in the execution of
participant obligations.
Failure to abide by applicable laws and regulations that
have not been waived.
Failure to deposit duties or fees in a timely manner.
If the CEE Director finds that there is a basis for discontinuance
of test participation privileges, the test participant will be provided
a written notice proposing the discontinuance with a description of the
facts or conduct warranting the action. The test participant will be
offered the opportunity to appeal the CEE Director's decision in
writing within 10 calendar days of receipt of the written notice. The
appeal must be submitted to U.S. Customs and Border Protection, Office
of Field Operations, Cargo and Conveyance Security (CCS) Division, 1300
Pennsylvania Ave. NW., Suite 2.3D, Washington, DC 20229-1015 or by
email to CEE@cbp.dhs.gov. The Executive Director, Cargo and Conveyance
Security, Office of Field Operations (OFO), CBP Headquarters, will
issue a decision in writing on the proposed action within 30 working
days after receiving a timely filed appeal from the test participant.
If no timely appeal is received, the proposed notice becomes the final
decision of the Agency as of the date that the appeal period expires. A
proposed discontinuance of a test participant's participation
privileges will not take effect unless the appeal process under this
paragraph has been concluded with a written decision adverse to the
test participant.
In the case of willfulness or those in which public health,
interest, or safety so requires, the CEE Director may immediately
discontinue the test participant's participation privileges upon
written notice to the test participant. The notice will contain a
description of the facts or conduct warranting the immediate action.
The test participant will be offered the opportunity to appeal the CEE
Director's decision within 10 calendar days of receipt of the written
notice providing for immediate discontinuance. The appeal must be
submitted to U.S. Customs and Border Protection, Office of Field
Operations, CCS Division, 1300 Pennsylvania Ave. NW., Suite 2.3D,
Washington, DC 20229-1015 or by email to CEE@cbp.dhs.gov. The immediate
discontinuance will remain in effect during the appeal period. The
Executive Director, Cargo and Conveyance Security, Office of Field
Operations (OFO), CBP Headquarters, will issue a decision in writing on
the discontinuance within 15 working days after receiving a timely
filed appeal from the test participant. If no timely appeal is
received, the notice becomes the final decision of the Agency as of the
date that the appeal period expires.
Dated: March 29, 2013.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2013-07840 Filed 4-3-13; 8:45 am]
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